A wrongful death requires justice.
Death is painful, especially when death is caused by another’s actions. When it comes to this kind of loss, nothing is easy. Dealing with a wrongful death lawsuit is usually the last thing you want to be doing.
You may think you should sue a person directly or maybe you believe a company is at fault. You may have more options than you know. For example, in many states, car manufacturers may be held responsible for defective products in their cars, while trucking companies may be held accountable for truck accidents if their employee breaks trucking rules.
You may be entitled to financial compensation
If you’ve lost a loved one in a tragic accident, we are here to help you. Though no amount of money can take the pain away from a lost family member, financial compensation can help lessen the burden. Courts consider many factors when considering how much to award the family and we can help you understand all of them so you have a better idea of what to expect along the way.
We’ll answer your questions, provide a clear direction forward, and help you walk down Recovery Road. We will be there to support your needs as you handle your loss. Our attorneys have handled thousands of cases, and are ready to guide you through this painful transition. Here are some questions you may be asking yourself.
Who can receive financial compensation in a wrongful death claim?
Each state is different. For example, Iowa Law stipulates that the following family members are eligible for financial compensation.
The parents of the person who died
The spouse of the person who died
The children of the person who died (including adopted children, but not step-children)
You may notice that this list does not include other family members such as cousins, uncles, nieces and nephews, grandparents, or siblings. This is because these family members may be entitled to compensation as beneficiaries according to the terms of the estate (Will and Testament) of the person who passed.
What kind of expenses and compensation could be covered under wrongful death?
Again, this varies from state to state, but in Iowa, the following are generally covered.
Pre-death loss of earnings
Lost lifetime earnings
Pre-death physical or mental loss of function or pain and suffering
Pre-death medical expenses
Interest on premature funeral expenses
Loss of household services
Loss of companionship and guidance (also known as loss of consortium)
How are wrongful death settlements paid out?
Once a settlement is reached, either the person at fault or an insurance company will be required to pay a specific amount. This payment can be made in the following ways.
A structured settlement
This means money will be paid to you on a schedule in accordance the terms of your settlement. Often these payments are dispersed monthly, but not always. The only potential issue with this type of agreement is that it can take a while before you get all of the money you are entitled to.
A lump-sum payment
With this option, you receive all compensation, economic and non-economic damages included, at once. This allows you to have access to funds quicker so that debts, such as legal fees, medical expenses, and funeral costs, may be paid off sooner.
The road ahead may be long and hard, but we're here to help.